CANCELLATION

The Performer reserves the right to cancel the agreement without obligation upon written notice to the Purchaser no later than one week before the performance date. In the event the Performer cancels the performance, the deposit will be returned to the Purchaser.

 

The Purchaser reserves the right to cancel the agreement without obligation upon written notice to the Performer no later than one week before the performance date. In the event of said cancellation, deposit will be returned promptly.

 

Cancellation by the Purchaser for any reason less than one week prior to the performance will result in forfeit of the deposit.

 

Cancellation by the Purchaser on the day of the performance will also require payment of any outstanding balance of the full fee and any Performer Expenses incurred (such as travel to the location).

 

FAILURE TO PROVIDE

If the Purchaser fails to satisfy any obligations that prevent the Performer from starting on time, the Performer may cancel the performance and require the Purchaser to pay the full outstanding balance and expenses.

 

FORCE MAJEURE

Neither the Performer of the Purchaser will be held liable for any failure to perform its obligations due to any of the following:

 

1. Acts or regulations of public authorities;

2. Labor difficulties or strike;

3. Inclement weather;

4. Epidemic;

5. Interruption or delay of transportation service;

6. Acts of God; or

7. Any other legitimate cause beyond the reasonable control of the Performer and the Purchaser.

 

SICKNESS & ACCIDENTS

The Performer agrees to meet its obligations subject to legitimate incapacity by sickness or accident. Failure to meet the obligations will result in the performer returning any and all outstanding deposits to the Purchaser.

 

NO RECORDING OF THE PERFORMANCE

Recording or transmitting of the performance by anyone through any means what-so-ever will not be allowed. It is the responsibility of the Purchaser to enforce this provision.

 

ADVERTISING & PROMOTION

The Purchaser will be responsible for all promotion of the performance. The Performer agrees that the Purchaser may use the Performer’s name, photographs and other likenesses to promote the performance. The Performer will provide the Purchaser with copies of the performers promotional materials suitable for this purpose. The Purchaser’s right to use the performer’s name is limited to the period beginning with the Execution Date (located at the top of this contract) and ending upon completion of the performance or cancellation of this agreement.

 

INDEMNIFICATION

The Performer is responsible only for their own conduct. The Performer will be compensated by the Purchaser for any and all damage done to the Performer’s equipment by the Purchaser, its agents or guests. The Purchaser indemnifies and holds the Performer harmless for any and all property damage or personal injury that results from or is related to the performance that is not directly caused by the Performer. The Purchaser warrants and represents that it has or will obtain sufficient personal injury and property damage liability insurance with respect to the activities of the Purchaser, its employees, agents or guests in relation to the performance.

 

SECURITY & SAFETY

The Purchaser will take reasonable precautions for the safety of the Performer and the Performer’s equipment during all aspects of the performance and at all times while the Performer and the Performer’s equipment is on the venue premises. The Purchaser is also responsible to ensure that only the Performer is allowed in the “designated performance or backstage area” except where persons are invited on the stage area for a period of time by the Performer.

 

GOVERNING LAW

The Purchaser and Performer submit to the jurisdiction of the state the performance is conducted for the enforcement of this agreement or any arbitration award or decision arising from this agreement. This agreement will be enforced or construed according to the laws of that state.

 

MEDIATION & ARBITRATION

If a dispute will arise the party claiming the dispute will have 7 days to notify the other party. The party not claiming the dispute will have 7 days to remedy the dispute. In the event the dispute is not remedied within this time period, then any party at its option will have 10 days to submit the dispute to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute any outstanding issues will be submitted to final and binding arbitration in accordance with the statutory rules of that program. If such services are not available, the dispute will be submitted to arbitration in accordance with the laws of the state of South Carolina. The arbitrators award will be final and judgment may be entered upon it by any court having jurisdiction within the state of performance.

 

COVENANT OF GOOD FAITH AND FAIR DEALING

The Purchaser and the Performer agree to perform their obligations under this agreement, in all respects, in good faith.

 

MISCELLANEOUS TERMS

The Performer will not be in possession or consume at the venue any illegal drugs or alcoholic beverages.

 

The Performer will have passed a Criminal Background Check required for working with children in [the state of performance] and hold a current [certificate] as required by law.

 

The performance will not contain any lewd or indecent acts, images or language. If the performer violates this section, the Purchaser may immediately cancel the performance and this agreement.

The Performer specifically warrants and represents that all copyrighted material to be performed has been licensed or authorized by the copyright owners or their representatives. The Performer indemnifies the Purchaser for any copyright infringement and any expenses that may result from such copyright infringement during or as a result of the performance.

 

The Purchaser will be responsible for providing suitable power and electricity for the performance.

 

It is the intent of the parties to this agreement that the Performer is an independent contractor and will control the manner and means of the performance. The Purchaser will control the scheduling of the performance.

 

The Performer is not an employee of the Purchaser. The exclusive nature of this agreement is limited to the duration of the performance and it is expected that the Performer will enter other similar agreements with other Purchasers.

 

Any notices or delivery required here will be deemed completed when hand delivered, emailed to or from info@educationalentertainment.org, delivered by an agent or 7 days after being placed in the post (postage pre-paid) to the parties at the respective addresses contained in this agreement or as the parties may later designate in writing.

 

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